9.38
Deposit of public moneys.

(1)
"Color of office,"
"public office," and "public official" have the same meanings as in section
117.01 of the Revised Code.

(2)
"Legislative authority" means
a board of county commissioners, a board of township trustees, the legislative
authority of a municipal corporation, or the board of education of a school
district.

A person who is a state officer, employee, or agent shall pay
to the treasurer of state all public moneys received by that person as required
by rule of the treasurer of state adopted pursuant to section
113.09 of the Revised Code. A
person who is a public official other than a state officer, employee, or agent
shall deposit all public moneys received by that person with the treasurer of
the public office or properly designated depository on the business day next
following the day of receipt, if the total amount of such moneys received
exceeds one thousand dollars. If the total amount of the public moneys so
received does not exceed one thousand dollars, the person shall deposit the
moneys on the business day next following the day of receipt, unless the public
office of which that person is a public official adopts a policy permitting a
different time period, not to exceed three business days next following the day
of receipt, for making such deposits, and the person is able to safeguard the
moneys until such time as the moneys are deposited. The policy shall include
provisions and procedures to safeguard the public moneys until they are
deposited. If the public office of which the person is a public official is
governed by a legislative authority, only the legislative authority may adopt
such a policy; in the case of a board of county commissioners, the board may
adopt such a policy with respect to public offices under the board's direct
supervision and the offices of the prosecuting attorney, sheriff, coroner,
county engineer, county recorder, county auditor, county treasurer, or clerk of
the court of common pleas. If a person who is a public official receives public
moneys for a public office of which that person is not a public official, that
person shall, during the first business day of the next week, pay to the proper
public official of the proper public office the moneys so received during the
current week.